Toxic Baby Formula NEC Lawsuit
- Last Updated: December 10th, 2024
Attorney Jessie Paluch, founder of TruLaw, has over 25 years of experience as a personal injury and mass tort attorney, and previously worked as an international tax attorney at Deloitte. Jessie collaborates with attorneys nationwide — enabling her to share reliable, up-to-date legal information with our readers.
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Toxic Baby Formula NEC Lawsuit
Toxic Baby Formula lawsuits have been on the increase, with more and more parents coming forward to report serious health problems in their children after using certain baby formulas.
The main target of these lawsuits has been Abbott Laboratories, the manufacturer of a baby formula called Similac, and Mead Johnson, the manufacturer of Enfamil formula.
NEC, or Necrotizing Enterocolitis, is a serious and potentially fatal condition that can occur in infants.
These NEC formula lawsuits allege that the companies didn’t alert parents to the dangers of their products.
Table of Contents
Lawsuit Updates
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December 2, 2024 Update:
The Baby Formula NEC lawsuit centers on claims that cow’s milk-based infant formulas have caused necrotizing enterocolitis (NEC) in premature infants.
Plaintiffs allege that manufacturers did not provide proper warnings about the elevated risks linked to these formulas.
In November, 624 cases were filed, with a slight increase to 626 in December, adding 2 new claims.
This steady number indicates continued concerns from families impacted by NEC.
NEC is a severe illness that results in inflammation and intestinal damage, frequently requiring intensive medical intervention for affected infants.
If you are the parent or guardian of a child who was born prematurely and/or suffered from NEC, you may be eligible to file a claim in this lawsuit.
If you have any questions about the legal procedure, open our chatbot below for a case evaluation.
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October 29, 2024 Update:
The NEC Lawsuit is ongoing.
In Missouri, a high-stakes jury trial is underway against Abbott Laboratories and Mead Johnson, leading manufacturers of baby formula, over allegations that their cow’s milk-based formulas contribute to necrotizing enterocolitis (NEC) in premature infants.
Plaintiff attorneys argue that both companies aggressively marketed their products to healthcare providers without sufficient warnings about the increased NEC risk.
The case includes testimony on behalf of the plaintiff’s son, who, born at just 2.2 pounds, required surgery to remove over 80% of his bowel following an NEC diagnosis.
Attorneys shared internal company documents, suggesting Abbott and Mead Johnson may have been aware of NEC risks but withheld the information from consumers.
Mead Johnson’s defense counters that their formulas offer vital nutrition for premature infants and disputes the validity of studies linking their products to NEC.
This trial, expected to last five weeks, has captured national attention, as thousands of similar NEC-related lawsuits are pending across the U.S., many consolidated in federal multidistrict litigation in Illinois.
If you are the parent or guardian of a child who was born prematurely and/or suffered from NEC, you may be eligible to file a claim in this lawsuit.
If you have any questions about the legal procedure, open our chatbot below for a case evaluation.
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October 1, 2024 Update:
The NEC Lawsuit remains active.
A major trial in St. Louis, Missouri, against Abbott and Reckitt is set to begin, representing a significant moment in the ongoing litigation surrounding necrotizing enterocolitis (NEC) in premature infants.
The plaintiff claims that her son, born prematurely in 2017, developed NEC after being fed cow’s milk-based formula provided by the companies, which led to intestinal surgery.
The child, like many other NEC survivors, continues to face serious, lifelong health complications.
This trial follows earlier jury verdicts awarding $60 million against Reckitt and $495 million against Abbott.
Doctors are expressing concern that the litigation may lead to the removal of these essential products from the market, which are critical for the care of premature infants.
Both Abbott and Reckitt have suggested that these formulas may be withdrawn, raising alarms within the medical community.
Meanwhile, the NEC MDL in the Northern District of Illinois has seen increased case filings, rising from 571 in September to 598 in October.
If your child developed necrotizing enterocolitis (NEC) after consuming cow’s milk-based formula in a hospital setting, you may be eligible to file an NEC Baby Formula Lawsuit.
Contact the experienced NEC Baby Formula Lawyers at TruLawsuit Info for a free consultation, or use the chatbot on this page for an instant case evaluation to see if you qualify.
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September 25, 2024 Update:
The NEC Lawsuit is ongoing.
The NEC Baby Formula trial is set to begin on October 1st, with jury selection occurring on September 30th.
This St. Louis trial, held outside the broader NEC Infant Formula MDL, follows a similar path to the $495 million verdict reached by TorHoerman Law in July.
Although these NEC trials are being held separately from the MDL, their results are expected to significantly shape the direction of the consolidated litigation.
Currently, hundreds of NEC lawsuits are consolidated in the U.S. District Court for the Northern District of Illinois, with additional cases proceeding in state courts.
In the MDL, the presiding judge has established the order for the first four bellwether trials, though specific dates have yet to be determined.
The cases will proceed as follows:
- Trial 1: A wrongful death lawsuit against Abbott Laboratories, alleging that Similac formula contributed to the increased risk of necrotizing enterocolitis (NEC) in a premature infant.
- Trial 2: Involving both Abbott Laboratories and Mead Johnson, this case addresses a child who survived NEC but faces lifelong complications after consuming both Similac and Enfamil formulas.
- Trial 3: Another wrongful death case with claims that Similac and Enfamil products from both Abbott and Mead Johnson led to NEC in a premature infant.
- Trial 4: A wrongful death claim against Mead Johnson, involving an infant’s death due to NEC complications after being fed Enfamil formula.
These bellwether trials are essential in assessing jury reactions to the evidence and legal strategies.
While the results won’t directly affect other cases, they may guide settlement discussions and valuations in the NEC litigation.
If your child developed necrotizing enterocolitis (NEC) after consuming cow’s milk-based formula in a hospital maternity ward or NICU, you may be eligible to file an NEC Baby Formula Lawsuit.
Contact the experienced NEC Baby Formula Lawyers at TruLawsuit Info for a free consultation, or use the chatbot on this page for an instant case evaluation to see if you qualify.
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September 17, 2024 Update:
September 17, 2024
A Connecticut family has sued Yale New Haven Hospital and Yale University, accusing them of medical malpractice following the 2018 death of their premature son from necrotizing enterocolitis (NEC).
The lawsuit, brought by the child’s mother, asserts that the hospital gave her son cow’s milk-based formula without her consent, causing him to develop NEC and eventually leading to his death.
NEC is a dangerous gastrointestinal disorder that mainly affects premature infants, resulting in intestinal inflammation and bacterial infections, which can progress to life-threatening sepsis.
The lawsuit revolves around the mother’s request for her son to receive only human breast milk.
The hospital, however, is accused of using cow’s milk formula despite her instructions, after which the infant developed NEC and experienced a rapid decline in health.
Yale New Haven Hospital has requested summary judgment, aiming to have the case dismissed.
The hospital maintains that even infants on an all-human milk diet can still develop NEC, a point acknowledged by the plaintiffs’ expert, Dr. Jonathan Cohen.
The plaintiffs’ attorney argues that administering formula without the mother’s consent amounts to battery and warrants a jury trial.
This case draws comparisons to a St. Louis lawsuit where Abbott Laboratories was ordered to pay $495 million after its cow’s milk-based formula was found to contribute to a premature infant’s NEC, with claims that the company failed to warn about the associated risks.
Our NEC Baby Formula Lawyers are accepting new clients. If your child developed necrotizing enterocolitis (NEC) after consuming cow’s milk-based formula in a maternity ward or NICU, you may be eligible to file an NEC Baby Formula Lawsuit.
Contact TruLawsuit Info today for a free consultation. You can also use the chatbot on this page to see if you qualify for an NEC Baby Formula Lawsuit instantly.
September 12, 2024
A Missouri jury recently awarded $495 million to an Illinois girl who developed necrotizing enterocolitis (NEC) after consuming infant formula made by Abbott Laboratories.
This significant verdict sets a new precedent for NEC Lawsuits, especially those targeting premature infant formula manufacturers.
Several NEC trials are upcoming, with the nearest beginning on September 25th. These state court trials are separate from the NEC Infant Formula MDL, which is centralized in the U.S. District Court for the Northern District of Illinois. The NEC MDL bellwether trials are set to start in May 2025.
Key dates for the NEC MDL include:
- October 28, 2024: Defendants must file reports from general and case-specific experts.
- November 2, 2024 – January 10, 2025: Expert depositions are scheduled.
- November 15, 2024: Rebuttal expert reports must be submitted.
- February 28, 2025: Deadline for summary judgment and/or Daubert motions.
- March 14, 2025: Replies in support of summary judgment and/or Daubert motions are due.
- March 24, 2025: Hearings on summary judgment and/or Daubert motions.
These deadlines are crucial for shaping the direction of the NEC litigation, as each phase will contribute to the outcomes of the cases in progress.
Our NEC Baby Formula Lawyers are accepting new clients. If your child developed necrotizing enterocolitis (NEC) after consuming cow’s milk-based formula in a maternity ward or NICU, you may be eligible to file an NEC Baby Formula Lawsuit.
Contact TruLawsuit Info today for a free consultation. You can also use the chatbot on this page to see if you qualify for an NEC Baby Formula Lawsuit instantly.
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August 29, 2024 Update:
August 29, 2024
A Missouri jury recently awarded $495 million to an Illinois girl who developed necrotizing enterocolitis (NEC) after consuming specialized infant formula made by Abbott Laboratories.
This ruling sets a notable precedent for future NEC lawsuits, especially those involving claims against manufacturers of formula for premature infants.
Key upcoming deadlines in the NEC litigation include:
- October 28, 2024: Defendants must submit general and case-specific expert reports for all trial selections.
- November 2, 2024: January 10, 2025: Expert depositions will be conducted.
- November 15, 2024: Rebuttal expert reports are due.
- February 28, 2025: Summary judgment and Daubert motions must be filed for all trial selections.
- March 14, 2025: Replies in support of summary judgment and/or Daubert motions are due.
- March 24, 2025: Hearings on summary judgment and Daubert motions will be held.
These deadlines are critical to the progression of the NEC litigation, with each phase shaping the outcomes of the ongoing lawsuits.
If a loved one has consumed cow’s milk-based baby formula and contracted NEC as a result, call today for a free consultation.
You can also use the chatbot on this page for an instant case evaluation.
August 1, 2024
The Baby Formula NEC lawsuit is ongoing.
As of July 1st, there were 534 cases pending in the Toxic Baby Formula MDL in the Northern District of Illinois.
By August 1st, this number had slightly risen to 538 filings.
This increase reflects ongoing concerns and growing awareness about the risks associated with toxic baby formulas, along with the influence of recent significant trial verdicts.
Necrotizing enterocolitis (NEC) is a serious condition that affects the intestines of premature infants, often leading to severe health complications or death.
oxic baby formulas have been associated with a heightened risk of NEC, leading many affected families to file lawsuits against manufacturers for failing to warn about these dangers.
If you or a loved one has been affected, contact TruLawsuit Info for a free consultation.
You can also use the chatbot on this page to see if you qualify instantly.
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July 29, 2024 Update:
The Baby Formula NEC lawsuit is ongoing.
A jury in St. Louis has ordered Abbott Laboratories to pay $495 million in damages after finding the company’s specialized formula for premature infants caused a dangerous bowel disease known as necrotizing enterocolitis (NEC) in an Illinois girl.
The jury awarded $95 million in compensatory damages and $400 million in punitive damages.
The lawsuit was brought by Margo Gill on behalf of her daughter, Robynn, who developed NEC after being given Abbott’s Similac formula while in a neonatal intensive care unit.
NEC primarily affects premature infants and has a high fatality rate, causing the death of bowel tissue.
Robynn survived but suffered irreversible neurological damage due to the illness and will require long-term care.
The verdict was supported by 9 of 12 jurors, meeting the requirement for a civil case decision in Missouri.
Abbott Laboratories strongly disagrees with the verdict and intends to appeal the decision, arguing that their product did not cause Robynn’s condition.
Abbott maintains that there is no scientific evidence linking their preterm infant products to NEC.
The company stated that specialized formulas and fortifiers are essential options for feeding premature infants and are part of the standard care in the medical community.
This trial is the first of many similar claims against Abbott Laboratories and other formula makers like Reckitt Benckiser, with nearly 1,000 lawsuits filed in federal and state courts.
Previous litigation against Reckitt resulted in a $60 million jury verdict, which is currently being appealed.
If you or a loved one has been affected, contact TruLawsuit Info for a free consultation.
You can also use the chatbot on this page to see if you qualify instantly.
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July 1, 2024 Update:
The Baby Formula NEC lawsuit is ongoing.
The Toxic Baby Formula NEC lawsuit involves claims that certain baby formulas are linked to necrotizing enterocolitis (NEC), a severe intestinal condition in premature infants.
This lawsuit seeks to hold manufacturers accountable for the harm caused by these formulas.
In June, there were 514 Toxic Baby Formula NEC lawsuit filings.
By July, this number increased to 534, reflecting growing awareness of the risks associated with toxic baby formula.
Toxic baby formula can cause NEC by inflaming and damaging the intestinal tissue, leading to severe complications such as infections, intestinal perforation, and even death in premature infants.
These serious health risks have prompted more families to join the Toxic Baby Formula NEC lawsuit.
If a loved one has consumed cow’s milk-based baby formula and contracted NEC as a result, call today for a free consultation.
You can also use the chatbot on this page for an instant case evaluation.
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June 14, 2024 Update:
June 14, 2024
The Baby Formula NEC lawsuit is ongoing.
A critical report by the Department of Health and Human Services’ Office of Inspector General has highlighted delays by the U.S. Food and Drug Administration (FDA) in responding to whistleblower complaints about manufacturing issues at a Michigan-based Similac infant formula facility.
Despite alerts as early as February 2021, the FDA did not act promptly, resulting in significant adverse outcomes.
The facility, managed by Abbott Laboratories, was associated with a major recall in February 2022.
The recalled products, including Alimentum, Elecare, and Similac, were contaminated with Salmonella Newport and Cronobacter sakazakii, leading to infant deaths and several other illnesses.
The oversight revealed a crucial flaw in the FDA’s procedure—whistleblower complaints were mistakenly archived rather than escalated, leading to a 15-month delay in resolving the issues.
The report also criticized the FDA’s limited authority to enforce timely reporting of potential contaminations by manufacturers, which impeded effective intervention.
Following these findings, the Office of Inspector General has suggested several enhancements for the FDA, such as improved whistleblower policy training, better inspection procedures, and stronger recall authority to avert future outbreaks.
The legal repercussions of these regulatory failures have been considerable. More than 80 Similac food poisoning lawsuits have been initiated by impacted families.
These lawsuits have been consolidated before U.S. District Judge Matthew F. Kennelly in the Northern District of Illinois for coordinated pretrial proceedings.
These cases are separate from the NEC Baby Formula Lawsuits, although both litigations involve Similac products.
If your loved one has been affected by cow’s milk-based infant formulas leading to NEC, please contact us for a free consultation.
Additionally, the chatbot on this page is available for immediate case evaluation and connection with our NEC Lawyers.
June 10, 2024
The Baby Formula NEC lawsuit is ongoing.
A recent lawsuit has been initiated against Mead Johnson & Company, LLC, alleging that its Enfamil infant formula led to a child developing necrotizing enterocolitis (NEC) after being fed the cow’s milk-based product.
The lawsuit accuses Mead Johnson of failing to address the well-documented risks of NEC linked to cow’s milk formulas such as Enfamil and Similac, despite existing research.
The company is also charged with continuing to promote these products for use in premature infants.
This lawsuit is part of a broader national legal action involving Mead Johnson and Abbott Laboratories, the producer of Similac, where both are criticized for prioritizing profits over consumer safety by not sufficiently warning families and healthcare professionals of the associated risks.
According to the legal filing, the child, who was born prematurely in September 2007, was given Enfamil premature infant formula and Enfamil Human Milk Fortifier, which led to serious health complications requiring surgery following the development of NEC.
The lawsuit highlights that neither the mother nor the healthcare providers were alerted to the heightened risk of NEC from these formulas, particularly in premature babies.
This case is one of over 500 similar lawsuits consolidated under U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois.
If your loved one has been affected by cow’s milk-based infant formulas leading to NEC, please contact us for a free consultation.
Additionally, the chatbot on this page is available for immediate case evaluation and connection with our NEC Lawyers.
The Baby Formula NEC lawsuit is ongoing.
This lawsuit addresses the serious allegations that cow’s milk-based infant formulas significantly contribute to the development of Necrotizing Enterocolitis (NEC) in premature infants.
The case filings in the NEC Lawsuit saw an increase from 406 in May to 514 in June.
NEC predominantly affects premature infants, leading to inflammation and tissue death in the intestines, which can cause intestinal perforations, severe infections, and mortality.
For those who survive, long-term complications such as intestinal strictures and short-gut syndrome drastically alter their quality of life.
The research cited in the NEC Lawsuit demonstrates a link between the consumption of cow’s milk-based infant formulas and an elevated risk of NEC in premature infants.
Studies have shown that preterm infants exclusively fed on human milk-based diets exhibit significantly reduced rates of NEC compared to those who are fed cow’s milk-based formulas.
Families impacted by NEC due to toxic baby formulas are advised to consult with an experienced toxic baby formula lawyer.
If your loved one has been affected by cow’s milk-based infant formulas leading to NEC, please contact us for a free consultation.
Additionally, the chatbot on this page is available for immediate case evaluation and connection with our NEC Lawyers.
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May 29, 2024 Update:
May 29, 2024
The Baby Formula NEC Lawsuit is ongoing.
A recent judicial decision in NEC litigation has introduced new verification protocols for lawsuits involving infant formulas, specifically targeting brands like Similac and Enfamil.
This order affects legal actions against formula producers, including Mead Johnson, the maker of Enfamil.
Under this regulation, plaintiffs are required to substantiate that the particular brand of formula—either Similac or Enfamil—is directly linked to their claims.
In cases citing Mead Johnson (Enfamil), confirmation through hospital records or the issuance of subpoenas is essential to establish that Enfamil was indeed used.
The court order delineates several crucial procedures for plaintiffs:
- Plaintiffs must scrutinize medical and feeding records to confirm product use before initiating a lawsuit.
- If these documents are indeterminate or do not specify the products used, attorneys for the plaintiffs are permitted to issue subpoenas to healthcare providers to secure this necessary information.
- Plaintiffs must submit medical records and other pertinent documents within predetermined deadlines.
- If required, subpoenas should be served within a 21 to 30-day window following the initiation of the lawsuit, tailored to the particular details of the case.
- Plaintiffs may also seek sales and contractual data from Mead Johnson if documentation shows formula usage but fails to verify the manufacturer.
This directive aims to refine the litigation process, ensuring that only well-founded claims progress, thereby minimizing unfounded legal actions and focusing resources on genuine cases of harm related to specific products.
Should investigations determine the absence of Mead Johnson’s products, plaintiffs are obliged to either remove Mead Johnson from the lawsuit or amend their complaint.
Failure to comply may result in the dismissal of the claims against Mead Johnson.
If your child has suffered from necrotizing enterocolitis and you believe it was caused by infant formula, you may have grounds for a lawsuit.
Contact us for a free consultation or use the chatbot on this page for an immediate case evaluation.
May 22, 2024
The NEC lawsuit continues.
A new lawsuit was initiated on May 13, 2024, in the US District Court for the Northern District of Illinois, targeting Mead Johnson & Company, LLC, and Mead Johnson Nutrition Company over cow’s milk-based infant formulas.
The plaintiff alleges that their premature infant, who was nourished with Enfamil HMF 24, developed Necrotizing Enterocolitis (NEC), which required urgent surgical intervention.
This claim traces back to a diagnosis in 2006, with expectations that Mead Johnson will likely resort to a statute of limitations defense to deflect liability.
It is crucial for families affected by similar issues to comprehend the statute of limitations, which typically allows 2-3 years from the date of injury to initiate a NEC lawsuit.
The “discovery rule” may, however, extend this deadline, depending on the timing of the discovery or reasonable discovery of the link between the formula and NEC.
Procedures to pursue a NEC lawsuit include:
- Consultation: Seek out a NEC Baby Formula lawyer to assess your case and confirm eligibility. An instant case evaluation can also be accessed using the chatbot on this page.
- Evidence Collection: Compile all relevant evidence, such as medical records and product information.
- Legal Filing: Your lawyer will guide you through preparing and filing the necessary legal documents to start the lawsuit.
These formulas are frequently used in neonatal intensive care units and have been implicated in several lawsuits. Crucial evidence in these cases includes:
- Medical Records: Vital records documenting your child’s NEC diagnosis and treatment, including details of the formula’s administration and subsequent medical response.
- Product Information: Verification of the specific formula used, obtained through purchase receipts, hospital records, or product packaging.
- Expert Testimony: Expert statements establishing a direct link between the ingested formula and the NEC development, significantly strengthening the case.
We provide support to families dealing with the complexities of the statute of limitations and other challenges in Toxic Baby Formula Lawsuits.
If your loved one has been affected by cow’s milk-based infant formulas leading to NEC, please contact us for a free consultation.
Additionally, the chatbot on this page is available for immediate case evaluation and connection with our NEC Lawyers.
May 13, 2024
A study by Emory University researchers has analyzed the influence of racial disparities and insufficient access to human milk on the prevalence of necrotizing enterocolitis (NEC) in infants.
Findings reveal that Black infants are disproportionately affected, being 2.5 times more likely to contract NEC than white infants.
A US Surgeon General’s warning from 2011 highlighted the increased risk of NEC among premature infants who are not breastfed, a group particularly vulnerable to this severe intestinal disease.
In Georgia, the lack of a donor breast milk bank constitutes a major barrier to supplying the essential nutrition that could mitigate the risk of NEC.
This challenge was evident in a recent Illinois NEC failure-to-warn lawsuit where the formula producer Mead Johnson was found liable for inadequate disclosure of the risks associated with its cow’s milk-based formula.
The case concluded with a $60 million award to the plaintiffs and has established a foundation for numerous related legal actions.
The Emory study further underscores the connection between racial disparities and the heightened incidence of NEC among Black infants, shedding light on broader systemic issues, including healthcare accessibility.
Despite no local milk bank, hospitals like Piedmont Healthcare and Atrium Health Floyd Medical Center have successfully decreased NEC cases through donor milk programs.
These initiatives, however, must rely on milk sourced from outside the state.
In response, advocacy groups have formed MedMilk, an effort to establish Georgia’s first milk bank.
If your child has experienced NEC, you may have grounds for a lawsuit.
Contact our office for a free consultation, or utilize the chatbot on this page for an immediate case evaluation.
May 1, 2024
The NEC Baby Formula Lawsuit remains in progress.
Recent filings reveal that 496 lawsuits related to NEC Baby Formula are active within the multidistrict litigation (MDL), with 43 new cases added last month.
These lawsuits contend that infant formulas based on cow’s milk heighten the risk of necrotizing enterocolitis (NEC) in premature infants, a grave and sometimes lethal gastrointestinal issue.
Trials concerning the NEC Baby Formula are set to commence this summer.
Our law firm is dedicated to representing families impacted by these harmful formulas.
A significant recent trial resulted in a $60 million award to a plaintiff whose premature infant developed NEC from a formula manufactured by Mead Johnson.
If your infant has suffered from NEC after consuming cow’s milk-based formulas, please reach out to us today for a free consultation.
Additionally, the chatbot on this page is available for immediate case evaluation and to facilitate contact with our NEC Lawyers.
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April 1, 2024 Update:
The litigation concerning NEC Baby Formula is progressing, with key legal hearings scheduled for 2024.
Recent filings with the Judicial Panel on Multidistrict Litigation (JPML) indicate there are now 453 active lawsuits in the NEC Baby Formula Multidistrict Litigation (MDL), marking an uptick from 405 cases noted on March 1st.
A growing number of families are alleging that specific baby formulas have caused their infants to develop Necrotizing Enterocolitis (NEC), a serious gastrointestinal condition.
In a notable recent case, Mead Johnson, a formula producer, was ordered by a jury to pay $60 million to a plaintiff in the first NEC Baby Formula Trial. The next trial of this nature is scheduled for July 9th, 2024.
The claims central to these lawsuits suggest a link between NEC in premature babies and cow’s milk-based formulas, with accusations that manufacturers failed to properly communicate the associated risks.
The potential for dire consequences, including fatality from NEC, highlights the urgent necessity for increased awareness among parents and medical professionals about the risks linked to these baby formulas.
If your child has been affected by NEC following consumption of baby formula, seeking advice from legal experts could be crucial.
For additional information or to set up a complimentary consultation, please get in touch or use the chatbot on this site for immediate assistance.
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March 14, 2024 Update:
In a significant ruling by a St. Clair County Jury, baby formula producer Mead Johnson was deemed responsible and mandated to compensate $60 million in damages, a figure that overshadows the plaintiffs’ original claim by $35 million.
The lawsuit focused on claims that Mead Johnson did not sufficiently warn parents about the elevated risk of Necrotizing Enterocolitis (NEC) in preterm infants consuming their cow’s milk-based formula.
Initiated on February 20th, this case is part of a larger multidistrict litigation that includes over 330 similar lawsuits nationwide, specifically highlighting the case of a Fairview Heights mother who suffered the loss of one of her premature twins.
Throughout the trial, expert opinions from neonatologists on the link between cow’s milk formula and NEC varied. However, there was consensus that such formulas increased the risk of NEC to varying degrees.
The jury reached their decision in under two hours following nearly a month of testimonies, emphasizing the swiftness of their deliberation.
Mead Johnson, expressing shock and dismay at the verdict, defended their formula as crucial for the nutritional needs of preterm infants and argued that the allegations lacked empirical evidence.
This verdict is a pivotal moment in the ongoing legal actions against Mead Johnson and Abbott, where many parents are advocating for changes in feeding protocols for preterm infants in neonatal intensive care units (NICUs).
Although the verdict directly affects Mead Johnson, it also brings to light broader legal and health concerns related to the use of cow’s milk-based formulas in premature infants, calling for greater awareness and potential modifications in NICU feeding practices.
If you, or someone you know, has been impacted by NEC due to consumption of cow’s milk-based formulas, it’s important to explore available legal options.
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March 7, 2024 Update:
The number of cases in the NEC (Necrotizing Enterocolitis) Infant Formula Multi-district Litigation (MDL) has climbed by 16, moving from 389 in February to 405 in March.
This increase in legal actions underscores growing concerns about a potential link between toxic infant formulas and necrotizing enterocolitis (NEC) in premature infants.
The lawsuit alleges that specific formulas intended for use by premature infants may elevate the risk of NEC, a critical and sometimes fatal intestinal condition.
The Judicial Panel on Multidistrict Litigation (JPML) is keeping a close watch on the steady climb in case numbers, signaling a growing legal confrontation with infant formula manufacturers, notably including key industry players like Abbott Laboratories, the creators of Similac, and Mead Johnson, the creators of Enfamil.
These firms are facing accusations of product liability, negligence, and failing to properly warn consumers of the risks associated with their products.
Should your child have developed NEC potentially due to consuming these formulas, you could be eligible to participate in the NEC Infant Formula lawsuit.
For immediate assistance and to find out if you qualify for the lawsuit, the chatbot on this page is ready to help.
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March 5, 2024 Update:
The NEC Lawsuit is ongoing, and our law firm is actively accepting new clients.
A pivotal case has been filed in St. Clair County, Illinois, against formula producer Mead Johnson by a plaintiff mourning the loss of her 25-day-old son.
The lawsuit contends that the infant’s death from necrotizing enterocolitis (NEC) was due to exclusive feeding with Mead Johnson’s Enfamil Premature Infant Formula 24 Cal, pointing to the inherent dangers of cow’s milk-based formulas for premature babies.
This case casts a spotlight on the deeper issue of racial disparities in neonatal care, with studies, such as one co-authored by Dr. Ravi Patel in 2023, showing that NEC disproportionately impacts Black premature babies.
Mead Johnson faces allegations of failing to properly alert parents to the NEC risks associated with their formula products. As more cases are discovered, this lawsuit joins a growing body of litigation seeking accountability.
Despite Mead Johnson’s defense of their formula’s safety and quality, the plaintiff’s legal team plans to present evidence of the superior benefits of human milk.
Unlike formula, human milk does not carry the same risk of NEC, even if it leads to slower initial growth in preterm infants.
This case is only one of hundreds to come to light recently as further discovery is going on.
As the legal proceedings unfold, this case adds to the significant scrutiny of NICU nutritional practices, the ease of access to donor human milk, and the economic factors promoting the use of formula in hospitals.
The implications of this trial could lead to regulatory changes affecting infant formula standards, NICU feeding guidelines, and the provision of donor milk, aimed at reducing health risks to preterm infants and addressing racial inequalities in neonatal care.
Should your child have developed NEC after consuming a cow’s milk-based formula, you may have grounds to join the NEC Lawsuit for potential compensation.
Our website’s chatbot can swiftly assess your eligibility for the Toxic Baby Formula Lawsuit.
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February 23, 2024 Update:
The inaugural trial against infant formula powerhouses Mead Johnson and Abbott has kicked off in Belleville, marking a groundbreaking moment in the judicial examination of baby formula companies.
This trial spearheads legal actions, claiming that formulas based on cow’s milk significantly heighten the risk of Necrotizing Enterocolitis (NEC) in premature babies.
NEC is a critical gastrointestinal condition that the Centers for Disease Control and Prevention identify as a primary cause of mortality in neonatal intensive care units (NICUs), responsible for about 10% of deaths in NICUs.
The legal action draws heavily on the harrowing story of a mother from Fairview Heights, whose twins were prematurely born five weeks early in 2020, each baby weighing just over 3 pounds.
The decision to switch one of the twins from donor human milk to a cow’s milk-based formula at Memorial Hospital Shiloh led to the infant developing NEC, highlighting the crucial issue of formula manufacturers’ communication about NEC risks to parents.
This lawsuit is just one of many filed throughout the United States, accusing Mead Johnson and Abbott of failing to sufficiently warn about the increased risk of NEC associated with their formulas.
The trial, expected to last four weeks, represents a critical juncture that could affect the outcome of many similar lawsuits.
If your child was diagnosed with NEC after being fed cow’s milk-based formula, you might be entitled to pursue an NEC Lawsuit for compensation.
What is the NEC lawsuit?
The Toxic Baby Formula NEC lawsuit is a class action lawsuit brought primarily against the manufacturers of Similac and Enfamil baby formula.
The suit alleges that the companies knew or should have known that their products were potentially harmful to premature babies and infants and failed to warn consumers of the risks.
The infant formula lawsuits seek damages for medical expenses, pain and suffering, and other losses suffered by the parents of affected infants.
If you are the parent or guardian of a child who was born prematurely and/or suffered from NEC, you may be eligible to file a claim in this lawsuit.
If you have any questions about the legal procedure, open our chatbot below for a case evaluation.
How did these baby formula lawsuits come about?
Civil lawsuits involving premature babies suffering from NEC began to be filed in state and federal courts as early as 2015, where one mother filed a case reporting that her baby developed NEC and brain damage after being fed Enfamil.
The Toxic Baby Formula lawsuit became a class action lawsuit, with thousands of parents claiming against baby formula manufacturers.
Premature babies are often fed cow milk formulas instead of human breast milk, and some of these formulas have caused many premature infants to develop NEC due to their underdeveloped digestive systems.
What formulas are involved in the NEC lawsuit?
The main formula brands involved in the Toxic Baby Formula lawsuit are Enfamil and Similac, along with some other lesser-known brands.
These companies create formulas for infants and babies who cannot take breast milk for varying reasons, and these products are often given to infants in hospitals.
The baby formula lawsuit claims that these companies knew that their products could cause NEC in premature babies due to their cow milk-based formula, yet they never issued any kind of warnings to parents or hospitals.
Which baby formula manufacturers are at fault?
The Toxic Baby Formula lawsuits involve a few different brands of formula milk, but the main manufacturers at fault are Mead Johnson’s Enfamil and Abbott Laboratories’ Similac.
As mentioned previously, the Enfamil and Similac cow-milk-based formulas have been linked to NEC, yet the products were never labelled with warnings.
These companies make formulas that are often given to premature babies in hospitals who can’t suckle on breast milk – making the impact all the more devasting for parents who believed their children were receiving high-quality medical attention.
Who is Enfamil?
Enfamil is a cow-milk-based formula that can be taken instead of breast milk, and it is made by Mead Johnson.
Mead Johnson is a subsidiary of Reckitt Benckiser, which is a British company.
Enfamil is one of the most popular formulas on the market, and its infant formula milk is given to premature babies around the world, but especially in the U.S.
Enfamil has faced various lawsuits in 2022 – not only is it undergoing severe scrutiny and facing NEC lawsuits, but the company has also been sued for false advertising.
The claims were that Enfamil’s advertising misled parents into thinking that the formula could make more milk for their babies than was actually the case.
Unlike the Toxic Baby Formula lawsuits, the class action lawsuit against Mead Johnson has now been settled, with a maximum of $8.4 million to be paid out to the plaintiffs.
Under the terms of this particular settlement, Mead Johnson will make permanent changes to how it labels Enfamil products that were named in the lawsuit.
Does Enfamil cause NEC?
There seems to be a correlation between premature babies who developed NEC and the Enfamil infant formula, and this could be for various reasons.
Premature infants have an increased risk of contracting NEC since their gut, and digestive tract is still immature in comparison to non-premature babies.
Some Enfamil formulas contain maltodextrin, a carbohydrate derived from starches that are commonly used as a thickener or filler in various food products.
This, along with other ingredients, can be difficult for premature infants to digest and may contribute to the development of NEC.
Mead Johnson, the company that manufactures Enfamil, denies that its products are to blame for any babies developing NEC.
They claim that there is no scientific evidence to support the assertion that their products are dangerous and that even babies fed breast milk can contract NEC.
Is Enfamil toxic?
While Enfamil itself may not be toxic, it can pose threats to premature infants in particular.
Some research suggests that formula milk leads to necrotizing enterocolitis because of the composition of infant formula, how fast the baby drinks it, or the underdeveloped state of the intestines’ mucous membranes.
Although it’s true that babies fed breast milk can still develop this condition, studies show that the rate is much lower among breastfed babies.
Who is Similac?
Similac is a popular brand of infant formula products owned by Abbott Laboratories, one of the largest pharmaceutical companies in the world.
The Similac brand offers a variety of formulas for different feeding needs, including products for premature babies who can’t have their mother’s breast milk or who have special dietary requirements such as allergies or intolerances.
In recent years, the Similac brand has been embroiled in controversy after several lawsuits were filed alleging that its cow’s milk formulas were the direct cause of NEC health problems in infants.
What is NEC?
Necrotizing enterocolitis, or NEC, is a serious and potentially life-threatening condition that occurs when the tissue in the intestine becomes inflamed and starts to die.
This can lead to a hole in the intestine, sepsis (a potentially fatal infection of the blood), and even death.
It’s believed that premature infants who intake cow milk formulas are more likely to develop NEC than those who feed on human breast milk since their intestines are not fully developed and are more susceptible to inflammation.
NEC is most common in premature babies, but it can also occur in full-term infants.
The condition is typically diagnosed when a baby starts showing signs of distress, such as vomiting, bloating, bloody stools, and decreased appetite.
If your baby is exhibiting any of these symptoms, it’s important to take them to the doctor right away for a diagnosis.
There is no definitive cause of NEC, but there are several risk factors have been identified.
These include being born prematurely, having a low birth weight, being fed cow milk-based formulas, and having a weakened immune system.
While there is no sure way to prevent NEC, there are steps that can be taken, including feeding the baby breast milk if possible, avoiding certain trigger foods, and keeping their immune system strong.
What are the latest developments in the Toxic Baby Formula NEC Lawsuit?
As of October 2022, the schedule and protocol for selecting bellwether cases in the NEC class action lawsuit are well underway.
Bellwether cases are chosen to get a feel for how juries might react to certain evidence and which issues they find important.
The plaintiffs and defendants have given the judge a list of 66 cases that are still pending, from which the court could choose one at random to become the first NEC lawsuit to go to trial.
The trial will progress to the next stage, pretrial discovery, with 12 cases that have been selected as bellwethers.
The pretrial discovery phase involves both sides gathering information and evidence from the other party through means such as depositions, document production, and interrogatories.
This process can be lengthy, so it is still unclear when the first NEC trial will actually take place.
Then, four cases will be chosen for preliminary bellwether test trials.
The plaintiffs and defendants will each choose four cases from the group of 12, and then the court will randomly select the final four cases.
All this will likely be completed by November 23, 2022.
The initial bellwether test trials will include four out of the twelve cases from the discovery phase.
The plaintiffs and defendants each get to choose two cases for the trial.
There will be a total of four bellwether trials taking place every twelve weeks, switching off between plaintiff and defendant-selected cases.
Frequently Asked Questions
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How long will a toxic Baby Formula NEC lawsuit take?
The average time frame for a toxic Baby Formula NEC lawsuit can vary depending on the specifics of your case.
Baby formula lawsuits, in which the plaintiff attempts to make the manufacturer responsible for any health problems their dangerous or defective product caused, are frequently complicated cases.
A comprehensive discovery phase is commonly necessary to give both sides time to collect pertinent information.
The plaintiff needs a complete diagnosis of the health problems caused by exposure to toxic baby formula, as well as an itemized list of damages and losses.
The amount of time a baby formula lawsuit lasts is how quickly the plaintiff and defendant can settle.
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How much is the NEC lawsuit worth?
NEC baby formula lawyers are still speculating on the settlement amounts of the Toxic Baby Formula lawsuits.
This is because there have been so many infants who have been injured by these formulas, and the medical bills for even one child can be quite high.
Additionally, many of these children could require lifelong care, which will add to the overall cost of the lawsuit.
These cases will likely have the highest settlements, seeing as lifelong care may entail millions of dollars.
The next highest amount of money in settlements will come from wrongful death cases, where the baby passed away due to NEC from the toxic baby formula.
These parents could receive up to $750,000 in compensation for their loss, as well as punitive damages against the companies.
Finally, there will be those infants who survived NEC but still have long-term effects from the disease and who suffered a lot along the way.
These children will have the third highest settlements, potentially ranging from $50,000 to $400,000.
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Who can qualify for an NEC Baby Formula lawsuit?
There are a few criteria that must be met in order to qualify for an NEC Baby Formula lawsuit.
First of all, your baby must have been born before completing its full term – in other words, it must be a premature infant.
Secondly, it must be proven that the baby was fed with a powdered or pre-mixed Enfamil or Similac formula while hospitalized.
Thirdly, your premature baby must have a diagnosis of the following:
- Meningitis
- Bacterial infection
- NEC
- Sepsis
- Salmonella
- Bowel amputation
- Bloody stool
- Fatigue
- Salmonella
- Shortness of breath
- Death
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How long do you have to file a claim for the NEC baby Formula lawsuits?
Every state has a law, known as the statute of limitations, that requires lawsuits to be filed within a certain time period from the date of the incident.
The majority of lawsuits against manufacturers are product liability cases, which means that the case is based on an injury caused by a product.
The large majority of U.S. states have a statute of limitations for product liability cases that falls between two (2) and ten (10) years, with most falling on the lower end of that spectrum with just a two-year window.
The time limit for taking legal action, known as the statute of limitations, is usually shorter for wrongful death lawsuits than for product liability cases.
In these cases, most states give you two years from the date of death to file a lawsuit.
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Does your baby have to be diagnosed with NEC in order to file an NEC claim?
No, your baby does not need to be diagnosed with NEC in order to file a claim.
NEC is a serious condition that can lead to death, but it is not the only condition that can be caused by Enfamil or Similac formula.
If your baby was premature and fed Enfamil or Similac while in the hospital and then developed any of the conditions mentioned in the list above, you may be eligible to file a claim.
Not sure if you qualify for this lawsuit? Use our chat below for instant case evaluation.
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Has Enfamil been recalled in 2022?
Despite the NEC Baby Formula lawsuit, no Enfamil baby formula milk has been officially recalled in 2022.
Nevertheless, there have been recalls in earlier years for various other reasons.
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Which Enfamil has been recalled?
For example, 505 cases of Enfamil EnfaCare LIPIL were recalled in 2004 because of possible contamination with Enterobacter sakazakii (now known as Cronobacter sakazakii), a type of bacteria.
If acquired by newborns, this condition can cause dangerous conditions like meningitis and NEC.
4.6 million containers of Enfamil Nutramigen were recalled in 2001 because the product’s Spanish-language preparation instructions were incorrect, putting babies at risk of seizures, irregular heartbeat and even death.
A serious case in 2006 involved the recalling of all Gentlease products after some of them were found to have 2.7mm long metal shards inside the formula.
In 2011, certain stores, including Kroger and Walmart, recalled Enfamil products following the death of two babies from suspected contamination of the formula milk.
More recently, in 2018, CVS recalled all Enfamil products from their shelves after a container in one of their stores was found to have been tampered with.
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Does Similac cause NEC?
Like Enfamil, Similac formulas may not be inherently toxic, but they can cause complications with low-birth-weight infants and premature babies.
Again, this is likely due to the use of cow’s milk-based proteins in the formulas, which can be difficult for these babies to digest.
In addition, the sugars found in cow’s milk (lactose) may also act as a food source for bacteria in the gut, leading to an overgrowth of harmful bacteria and an increased risk of NEC in premature infants with weak digestive systems.
If you are the parent of an infant who was diagnosed with NEC after being fed Similac or Enfamil baby formula, you may be eligible to join the lawsuit.
If you have already incurred medical bills or other out-of-pocket expenses as a result of your child’s NEC diagnosis, you may be able to recover those costs as well.
Find out more by using our chatbot service.
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What are NEC baby symptoms?
Along with the symptoms discussed earlier, other possible effects of NEC include:
- Intestinal Perforation: This occurs when the inflamed intestine starts to die and a hole forms in it. This can cause bacteria and other toxins to leak into the abdomen, which can lead to sepsis.
- Sepsis: This is a potentially life-threatening infection of the blood that can occur when bacteria from the intestine leak into the bloodstream.
- Organ Failure: This can occur if NEC is left untreated and spreads to other organs, such as the liver or kidneys.
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Can adults get necrotizing enterocolitis?
Necrotizing enterocolitis is a grave condition that most often affects premature babies.
There have been very few reported cases of necrotizing enterocolitis in adults, but it is possible for adults to develop the condition.
Necrotizing enterocolitis is a medical emergency and can be fatal if not treated promptly, and adult symptoms include severe abdominal pain, bloody stools, and throwing up food.
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What are the long-term effects of NEC?
Although many premature infants may survive NEC, the disease can cause long-term problems.
Long-term effects of NEC (Necrotizing Enterocolitis) may include, but are not limited to:
Intestinal strictures
Intestinal strictures are the narrowing of the intestine, which can lead to a blockage.
This may require surgery to open up the intestine.
Other long-term gastrointestinal complications include adhesion, which is when the intestines stick to each other, and fistulas, which are abnormal connections between different parts of the intestine.
Developmental delays
NEC can cause developmental delays, both physical and cognitive.
Physical developmental delays may include problems with movement and coordination.
For example, an infant may have difficulty sitting up or crawling.
Cognitive developmental delays may include problems with learning, thinking, and problem-solving.
Feeding difficulties
NEC can also cause feeding difficulties.
An infant may have trouble sucking or swallowing, which can make it difficult to eat by mouth.
They may need to be fed through a tube that goes through the nose and into the stomach (nasogastric tube) or directly into the stomach through a surgical opening (gastrostomy).
Organ damage
As mentioned previously, NEC can cause organ damage, particularly to the intestines.
In severe cases, NEC may even lead to death.
Even with treatment, some infants may have long-term gastrointestinal problems or need lifelong assistance with feeding due to organ failures.
Growth problems
NEC can stunt a child’s growth.
Children who survive NEC are often smaller than their peers.
They may also have problems gaining weight and growing at a normal rate.
Malabsorption
Malabsorption is when the intestine cannot absorb enough nutrients from food.
This can cause poor growth, diarrhoea, and weight loss and is more common in premature infants who have had a part of their intestine removed.
Short bowel syndrome
Short bowel syndrome is when the intestine is too short to function properly.
This can be caused by surgery to remove a section of the intestine.
Short bowel syndrome can sometimes lead to malnutrition, dehydration, and weight loss.
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Does all baby formula cause NEC in premature babies?
Although not all baby formulas seem to cause NEC in premature babies, these infants have an increased risk of developing it.
After analyzing the evidence, researchers have concluded that premature infants who ingest cow milk formula are more likely to develop NEC compared to full-term babies.
This presents a problem for infants placed in neonatal intensive care units, as a majority of these units use these cow milk-based formulas to replace human milk when mothers are unable to breastfeed.
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How common is necrotizing enterocolitis?
Necrotizing enterocolitis (NEC) occurs in about 1 out of 1000 of all infants who are born prematurely, with risks being higher for babies weighing less than 2 pounds.
In contrast, NEC only affects around 1 in 10,000 full-term infants.
NEC is a serious disease with a high mortality rate, ranging from 10-50%, depending on the severity of the disease.
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What is Cronobacter sakazakii?
Cronobacter sakazakii is a foodborne pathogen that occurs naturally in the environment, and it can cause serious infections in infants.
It tends to live in very dry places, like powdered infant formula, herbal teas, starches and powdered milk.
Although uncommon, Cronobacter infections can be severe and even fatal in infants under 12 months old.
The elderly, people with weakened immune systems and those who have chronic illnesses are also at risk for more severe infections.
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Does Cronobacter cause NEC?
Cronobacter sakazakii can cause NEC, but it is not the only bacteria that have been linked to the disease.
This bacteria has been found in powdered infant formula, which is why it is important for parents to be alerted to the risks associated with using this type of formula.
NEC can also be caused by other bacteria, such as Escherichia coli and Staphylococcus aureus.
In certain cases, Cronobacter sakazakii can enter the infant’s gastrointestinal tract through contaminated water or food.
Once the bacteria are in the intestines, they can attach to the intestinal wall and begin to multiply.
This can lead to inflammation and, in severe cases, the death of intestinal tissue.
Cronobacter can cause other illnesses as well as NEC, such as sepsis and meningitis, which are both potentially fatal.
Parents need to be aware of the symptoms of these illnesses so that they can seek medical help if their child becomes ill.
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Are the Baby Formula Lawsuits multidistrict litigation lawsuits?
No, the Baby Formula Lawsuits are not multidistrict litigation lawsuits.
The cases have been consolidated for pretrial proceedings, but each case will still be tried individually.
A multidistrict lawsuit is one where there is one central lawsuit with many plaintiffs, and the outcome of that lawsuit will determine the outcome of all the individual cases.
These Baby Formula Lawsuits are not like that; each case will be decided on its own merits.
The Judicial Panel on Multidistrict Litigation has decided not to consolidate the baby formula cases into an MDL, and each case will still be its own entity and ‘defendant specific.’
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